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Liability admitted - what happens next
The blind bat who ran me over 18 months ago (or, to be precise, her
insurers) has admitted liability for the crash. It would appear that all we have to do now is haggle over the vulgar issue of money. Anyone been here before and got any idea what happens next? As an aside, the money is of less importance to me than knowing that her insurance premiums will have gone up[1]. Is this likely, or would a 21 year old driver have been top whack, anyway? [1] As the CPS declined to prosecute, paying more to drive will be the only implication of running someone over to her. |
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#2
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Liability admitted - what happens next
Not Responding wrote:
The blind bat who ran me over 18 months ago (or, to be precise, her insurers) has admitted liability for the crash. It would appear that all we have to do now is haggle over the vulgar issue of money. Anyone been here before and got any idea what happens next? Sorry, can't answer that question. Maybe uk.legal(.moderated?) is a better place to ask. As an aside, the money is of less importance to me than knowing that her insurance premiums will have gone up[1]. Is this likely, or would a 21 year old driver have been top whack, anyway? [1] As the CPS declined to prosecute, paying more to drive will be the only implication of running someone over to her. No chance of a private prosecution or suing her for damages then? Or have you already done that? -- Chris |
#3
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Liability admitted - what happens next
"Not Responding" wrote in message
.uk... The blind bat who ran me over 18 months ago (or, to be precise, her insurers) has admitted liability for the crash. Great! It's about time. It would appear that all we have to do now is haggle over the vulgar issue of money. Anyone been here before and got any idea what happens next? You have to put forward a figure of how much you want, explaining what it is for - special damages for itemised out of pocket expenses - loss of earnings, damage to clothing and bike, additional costs of travel to work while off the bike/outpatients, any other extra costs arising from lack of facility of use of arm and any expected extra costs in future arising from any long-lasting/permanent disablement, etc etc - and general damages for the pain and suffering. Assessment of general damages is generally done by comparison to precedents - what courts have awarded in the past for similar injuries - and usually requires specialist advice from a barrister dealing in personal injury work who is familiar with the case law. You should discuss all this with your solicitors. A medical report will be sought about the nature and effect of your injuries and future prognosis. Be creative about your losses - don't forget anything that it has cost you, any things you missed out on or are likely not to be able to do in future as a result of the injury or pain/restrictions in use that might arise in future if/when the joint becomes arthritic - but be able to justify them and expect the other side to haggle. As an aside, the money is of less importance to me than knowing that her insurance premiums will have gone up[1]. Is this likely, or would a 21 year old driver have been top whack, anyway? There is no such thing as 'top whack'. The insurers can always charge more than they previously charged. [1] As the CPS declined to prosecute, paying more to drive will be the only implication of running someone over to her. C'est la vie. Just make you maximise your compensation! Rich |
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Liability admitted - what happens next
On Sat, 02 Jul 2005 08:01:40 +0100, Not Responding
wrote: The blind bat who ran me over 18 months ago (or, to be precise, her insurers) has admitted liability for the crash. H!TFD! It would appear that all we have to do now is haggle over the vulgar issue of money. Anyone been here before and got any idea what happens next? You go to see specialists who assess the extent of likely future effect from the injuries sustained (they pay for this), and your sillysodder uses the appropriate tables to look up the amount for pain and suffering; you add up the costs incurred and stick those on the bill, and I'm guessing you might ask the court for punitive damages because they tried to evade liability. As an aside, the money is of less importance to me than knowing that her insurance premiums will have gone up[1]. Is this likely, or would a 21 year old driver have been top whack, anyway? Protected NCD is probably not available for a 21-year-old. [1] As the CPS declined to prosecute, paying more to drive will be the only implication of running someone over to her. You could launch a private prosecution for DWDC. Guy -- May contain traces of irony. Contents liable to settle after posting. http://www.chapmancentral.co.uk 88% of helmet statistics are made up, 65% of them at CHS, Puget Sound |
#5
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Liability admitted - what happens next
Just zis Guy, you know? wrote:
On Sat, 02 Jul 2005 08:01:40 +0100, Not Responding wrote: The blind bat who ran me over 18 months ago (or, to be precise, her insurers) has admitted liability for the crash. H!TFD! It would appear that all we have to do now is haggle over the vulgar issue of money. Anyone been here before and got any idea what happens next? You go to see specialists who assess the extent of likely future effect from the injuries sustained (they pay for this), and your sillysodder uses the appropriate tables to look up the amount for pain and suffering; you add up the costs incurred and stick those on the bill, and I'm guessing you might ask the court for punitive damages because they tried to evade liability. I think a consultation with a solicitor? I was involved in a car accident, and my insurance had that legal cover. Their legal people did it all, including arranging to see (and paying for) a consultant. I got £2k for a simple rear end tap, but the important thing for me was no hassle. I wouldn't have bothered otherwise. Rob |
#6
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Liability admitted - what happens next
"Just zis Guy, you know?" wrote in message
... bill, and I'm guessing you might ask the court for punitive damages because they tried to evade liability. Are you saying that ironically? Nice thought, but there's no recognition of 'punitive damages' in the UK. The purpose of a claim is to put the claimant into the position he or she was in immediately before the negligence occurred - the 'special' damages, and a compensation element for pain and suffering as a result of the negligence - 'general' damages but these are awarded on the basis of the claimant's condition and not as a means of penalising the other side. Even in the US system, AIUI, punitive damages are generally only awarded for "egregiously invidious and wilful actions, not for mere carelessness or negligence". Rich |
#7
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Liability admitted - what happens next
"Not Responding" wrote in message .uk... The blind bat who ran me over 18 months ago (or, to be precise, her insurers) has admitted liability for the crash. It would appear that all we have to do now is haggle over the vulgar issue of money. Anyone been here before and got any idea what happens next? I can cite two contrasting approaches, my brothers and mine: Bro was knocked off from behind on a clear dual carriageway and besides damage to bike and togs sustained some physical damage to his arm that required a couple of ops. He used a solicitor and drew out the claim as long as possible for the following reasons: He's single and was prepared to put up with the hassle. He needed remedial treatment that an early settlement wouldn't have taken into account. He was in no rush for the money. The end result, materially, was satisfactory for him. I can't recall if the driver got done. I was T -boned at a roundabout and besides the bike being written off and clothing ruined suffered very painful but superficial injuries. Because my injuries were superficial after contacting a "no win, no fee" solicitor I decided to deal with the drivers insurance company directly as I wanted to resolve things quickly and move on with life. The insurance company was accomodating and an early settlement resulted. Materially my expenses were covered but quite likely I *may* have got more money but not without hassle I can live without. The offending driver was sent on an improvement course in lieu of being charged with an offence. My brothers claim probably went on for well over18 months whereas mine was done and dusted in 3 months.... new bike, new togs, new scars and driver reprimanded. It's really up to how much hassle you're prepared to put up with, if you are going to suffer long term physical or mental problems then maybe you should pursue it to the end of the line, your choice. -- Pete |
#8
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Liability admitted - what happens next
On Sat, 2 Jul 2005 10:03:47 +0100, "Richard Goodman"
wrote: Are you saying that ironically? Nice thought, but there's no recognition of 'punitive damages' in the UK. The purpose of a claim is to put the claimant into the position he or she was in immediately before the negligence occurred - the 'special' damages, and a compensation element for pain and suffering as a result of the negligence - 'general' damages but these are awarded on the basis of the claimant's condition and not as a means of penalising the other side. I believe it. On the other hand, it is arguable that the event has permanently marred Francis' enjoyment of one of his principal recreational activities, so damages could be extracted on that basis. Guy -- May contain traces of irony. Contents liable to settle after posting. http://www.chapmancentral.co.uk 88% of helmet statistics are made up, 65% of them at CHS, Puget Sound |
#9
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Liability admitted - what happens next
"Just zis Guy, you know?" wrote in message
... On the other hand, it is arguable that the event has permanently marred Francis' enjoyment of one of his principal recreational activities, so damages could be extracted on that basis. Absolutely, you would want to try and get some compensation for that, but unless you can find a way to quantify it and put it in as special damages, AIUI you can probably only try arguing for an uplift on your general damages for it. The problem with that is that the UK courts are generally not very generous with general damages, so you could be starting from what could seem like a relatively low base compared to what you might expect, and not be able to add very much extra on to them compared to what it seems like it is worth to you. In one of my damages claims I put an amount in for anticipated future loss of capacity to do DIY, saying that would incur extra cost paying for things to be done I might otherwise have done myself - special damages. But I didn't get anything for loss of ability to do certain yoga poses! Rich |
#10
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Liability admitted - what happens next
On Sat, 2 Jul 2005 13:17:17 +0100, "Richard Goodman"
wrote: "Just zis Guy, you know?" wrote in message .. . On the other hand, it is arguable that the event has permanently marred Francis' enjoyment of one of his principal recreational activities, so damages could be extracted on that basis. Absolutely, you would want to try and get some compensation for that, but unless you can find a way to quantify it and put it in as special damages, AIUI you can probably only try arguing for an uplift on your general damages for it. Yes, that's precisely the sort of thing that falls within general damages: loss of enjoyment. Does the OP have a solicitor? It's not necessary, but a good PI solicitor will ensure that he/she gets appropriate compensation. Good luck, and congrat's on the admission of liability! Best wishes, -- ,, (**)PeeWiglet~~ / \ / \ pee AT [guessthisbit].co.uk |
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